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Assessing the Effects of Land Tenure on Urban Developments in Kampala

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Assessing the Effects of Land Tenure on Urban Developments in Kampala ASSESSING THE EFFECTS OF LAND TENURE ON URBAN DEVELOPMENTS IN KAMPALA DAMARIS KATHINI MUINDE MARCH, 2013 SUPERVISORS: Dr. R. V. Sliuzas Prof. Dr. J. A. Zevenbergen ASSESSING THE EFFECTS OF LAND TENURE ON URBAN DEVELOPMENTS IN KAMPALA DAMARIS KATHINI MUINDE Enschede, The Netherlands, MARCH, 2013 Thesis submitted to the Faculty of Geo-Information Science and Earth Observation of the University of Twente in partial fulfilment of the requirements for the degree of Master of Science in Geo-information Science and Earth Observation. Specialization: [Name course (e.g. Applied Earth Sciences)] SUPERVISORS: Dr. R. V. Sliuzas Prof. Dr. J. A. Zevenbergen THESIS ASSESSMENT BOARD: Prof .dr .ir .M.FA.M. van Maarseveen : Chairman Ms.Ir.Saskia Ruijsink, MSc : External Examiner (IHS) Dr. R. V. Sliuzas : 1st Supervisor Prof. Dr. J. A. Zevenbergen : 2nd Supervisor DISCLAIMER This document describes work undertaken as part of a programme of study at the Faculty of Geo-Information Science and Earth Observation of the University of Twente. All views and opinions expressed therein remain the sole responsibility of the author, and do not necessarily represent those of the Faculty. ABSTRACT Kampala exhibits informal urban expansion typical of cities in Sub Saharan Africa. Of note about Kampala‘s urbanization process is the extent of informality estimated to comprise about 60% of all urban developments. Though there exists a diversity of circumstances and factors that contribute to informal urban developments, this study focused on land tenure considered key in land development because being the rules underlying a people‘s relation to land, rules of tenure define rights to land, how these rights are accessed and even influence developments put on land depending on the security accorded to land rights. This study assessed the effect rules of tenure have on urban developments in Kampala by examining land access, land subdivision and land development processes (considered the three stages where informality can occur) in the land and property development process. Qualitative and quantitative methods including key informant interviews, household interviews, literature review, observation, in-depth interviews and case studies were applied in data collection. Research findings show that land in Kampala is held under the Mailo, Leasehold, Freehold and Customary tenure systems with Mailo being the dominant land tenure system and Customary tenure being negligible. A defining characteristic of land holding in Kampala is the separation of land ownership from the ownership of developments on land, designed to accommodate rights of occupants (called Kibanja occupants) who own developments on land under the Mailo and Freehold tenure systems. Rights ascribed to occupants and processes proposed to administer these rights by The Land Act 1998 have never been realised because they are contested by the registered land owners. This emerged as the cause of informal land access under the Mailo and Freehold tenure systems. Informality in land access is perpetuated in land subdivision and land development processes as the KCCA only approves subdivisions and developments on land with formal land ownership documents, in Kampala comprised of land under Leasehold tenure but which constitutes less than 30% of overall land holding. To address informality in land access, land subdivision and land development processes under the Mailo and Freehold tenure systems, the study identified positive aspects of the current informal structure applied in administering Kibanja rights especially the role played by Local Councils in registering, demarcating and adjudicating Kibanja rights which could form the basis on which the KCCA could build on (through formulation of subdivision and development regulations responsive to Kibanja rights and incremental implementation of planning standards on land under Kibanja occupancy) to achieve planned urban developments in spite of persisting conflicting tenure relations. These proposals made in view of the considerable time and financial resources it would take to resolve the disagreements over occupant registered owner rights as currently constituted and in light of the rising demand for land in Kampala caused by high population growth. Keywords: land tenure; land access; land subdivision; land development i ACKNOWLEDGEMENTS My gratitude goes to the many organizations and individuals who assisted me in the course of this study. To the ITC for offering me an opportunity to study at the faculty, to NUFFIC for funding my study and stay in The Netherlands and to my supervisors Dr. Richard V. Sliuzas and Prof. Dr. J.A. Zevenbergen for their guidance, support and very insightful comments that helped in shaping this study. I am also grateful to the staff of the Urban Planning Department for introducing me to various aspects of urban planning and management. I thank Dr. Richard V. Sliuzas for the key role he played in successful completion of the field work done towards this study especially organizing accommodation and key contacts in Kampala. I thank Mr. Godwin Othieno (Physical Planner at the Kampala Capital City Authority), Grace Abenaitwe (Lands Officer at the Kampala District Land Board), Rehema Nanvuma (Physical Planner at the Buganda Land Board) and Mr. Eddie Nsamba Gayiiya (Independent land expert) for their contribution towards the findings of this study. Many thanks go to Farouq Kiryowa and John Musisi (Chairman Local Council 1, Kalimali Zone), for assisting in data collection in Bwaise III and to Mr. Leonard Okokes (Principal Outspan School) for providing working space in Bwaise III during field work. Many thanks to my UPM classmates who encouraged me and with whom I found laughter amidst the challenges of studying at ITC, to my brothers Fredrick and Haguma who introduced me to Land Administration, to Jane and Vincent for the very sound advice they gave me on research writing, to Francis for caring enough to check on me, to Kenyans in ITC and the ICF community for making me feel at home when far from home. Special thanks go to my mom, dad and brothers for their constant support and encouragement, to Pastor Caleb and family for their support, prayers and sharing in my journey, but most specially i thank God who made all things possible. ii TABLE OF CONTENTS 1. Introduction ........................................................................................................................................................... 1 1.1. Introduction .................................................................................................................................................................1 1.2. Background and justification .....................................................................................................................................1 1.3. Research Problem ........................................................................................................................................................2 1.4. Research Objectives ....................................................................................................................................................3 1.5. Definition of terms .....................................................................................................................................................4 1.6. Thesis Outline ..............................................................................................................................................................4 2. Literature Review .................................................................................................................................................. 6 2.1. Urban development ....................................................................................................................................................6 2.2. The link between land tenure and urban development .......................................................................................6 3. Background to the study area ............................................................................................................................. 9 3.1. Location of Kampala ..................................................................................................................................................9 3.2. Origin and growth of Kampala city .........................................................................................................................9 3.3. Administrative structure .......................................................................................................................................... 11 3.4. Conclusion ................................................................................................................................................................. 11 4. Research Methodology...................................................................................................................................... 12 4.1. Data collection approach ........................................................................................................................................ 12 4.2. Quality control .......................................................................................................................................................... 17 4.3. Limitations of data collection ................................................................................................................................. 17 4.4.
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